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Boston Business Litigation News - April 11, 2017
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New Litigation
Schism Among Church Members Results in Ecclesiastical Battle Over Church Property
BUSINESS LITIGATION SESSION
A suit has been filed seeking a declaratory judgment over the validity of an attempt by a congregation in Newton to break away from the Presbyterian Church (USA) ("PCUSA"), rename the church and reaffiliate with the Evangelical Covenant Church ("ECC") and exercise ownership of church property. The property has housed the Newton Presbyterian Church ("NPC") for years. According to the complaint, in recent years as membership has dwindled and clergy leadership was unsettled, a more conservative dissident group started advocating for change. That eventually led to a vote of the congregation in which a substantial majority of those voting voted to withdraw from the Presbyterian Church (USA) and affiliate with the ECC and rename the church the Newton Covenant Church.The new church is located in the premises of the NCP and has taken other steps to assert control over the property that had belonged to the NPC, including, for example, exercising control over the bank account, shutting down the NPC website and redirecting traffic to a new website, and changing the signs on the property. The national organization ("PCUSA") takes the position that under the rules of the national church, the members had no right to leave the Presbyterian church and exercise control over the church property. Although Business Litigation News does its best to avoid getting involved in ecclesiastical disputes, it is alleged that under the PCUSA constitution, when a schism emerges within a congregation, it is not up to the members of the congregation, even a majority of those members, to determine which group is to take control. Rather, the congregation cedes control to a higher governing body - in this case the co-plaintiff Presbytery of Boston - to discern and eventually determine which part of the congregation is the "true" church through a prescribed process that does not include a vote of members. The Presbytery determined that the break-away faction was NOT the true church, but only those who wished to remain Presbyterians constituted the true NPC, with the authority to exercise control over church property. Related Coverage: Boston Globe.
Suit Filed Against Former Employee for Breach of Noncompete Obligations
BUSINESS LITIGATION SESSION
ABM Industry Groups is suing Joseph Palmarozzo, a former ABM branch manager and his new employer, Compass Facilities Services, alleging that Palmarozzo has breached the noncompetition terms of his employment agreement. Palmarozzo voluntarily resigned from ABM in December 2016 and went to work for Compass, ABM's competitor in the business of providing janitorial and building maintenance services. Since Palmarozzo's departure from ABM, one of ABM's longtime clients has informed ABM that it received confidential information about ABM's workforce and strategies - presumably from Palmarozzo - causing it to terminate its contract with ABM. ABM, obviously not pleased, has swept the defendants into court and threatens to mop the floor with them.
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News
Comments Sought on Electronic Filing Rules in State Court
Comments are being sought on proposed amendments to rules governing electronic filing in Massachusetts state courts. Several pilot programs for electronic filing began in 2015 and 2016 with interim rules. Those pilot programs have now concluded, necessitating
amendments to the interim rules. Comments are due by May 31, 2017.
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Blog, Blog, Blog . . .
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4/10/17 - TTABlog Road Trip: New York City Bar Association, April 24th
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